Relates to the crime of aggravated unlicensed operation of a motor vehicle

Summary of provisions

The statute is re-ordered by adding a higher level offense. The first degree provision is new and caused the previous three degrees to be renumbered second, third and fourth degrees.

Section one amends section: 511(1) of the vehicle and traffic law to add the possible sentences of conditional discharges or probation to enable the court to require compliance with a sentencing condition under court supervision.

511(2)(a)(i) and (ii) are amended to include suspensions or revocations received as part of a youthful offender adjudication for a DWI. Currently if a driver is impaired or intoxicated and has an open DWI-related suspension, the driver can be charged with a felony aggravated unlicensed operation of a motor vehicle. The current statute relies on the word "conviction". Since a youthful offender adjudication is not technically a conviction, the charge cannot be brought once the DWI is resolved. However, the youthful offender driver can be charged with the felony while the driver's underlying DWI case is open and there is an open suspension pending prosecution or a refusal revocation. It is illogical that an adjudication establishing the commission of the underlying DWI does not. This amendment provides parity.

511(2)(a) (ii) and (iii) are further amended to include DWI-related suspensions and revocation from other jurisdictions as long as the offenses would constitute a misdemeanor or felony offense in New York. VTL § 1192(8) recognizes out-of-state DWI convictions for charging purposes. The aggravated unlicensed operation statute should be consistent and recognize out-of-state events as well. Subparagraph (v) is added to 511(2)(a) to provide for a misdemeanor when a driver commits a violation of aggravated unlicensed operation and physical injury has been caused to another person as a result of an incident involving the motor vehicle. This language mirrors the language of VTL § 600(2), leaving the scene of an incident without reporting. 511(2)(c) is added to exclude certain financial suspensions.

Subparagraph (vi) is added to 511(2)(a) to provide for a misdemeanor when a driver commits a violation of VTL § 509(1) by operating a motor vehicle without being duly licensed and physical injury has been caused to another person as a result of an incident involving the motor. vehicle. Subparagraph (vii) is added to 511(2)(a) to provide for a misdemeanor when a driver commits a violation of aggravated unlicensed operation in the second degree by driving while the

driver's license reapplication has been denied or delayed pursuant to 15 NYCRR 136.5(b) and physical injury has been caused to another person as a result of an incident involving the motor. vehicle. 511(2)(b) is amended to specify that a violation of subparagraphs (v), (vi) or (vii) is a class A misdemeanor.

Subparagraph (v) is added to 511(3)(a) to create a new class E felony offense of aggravated unlicensed operation in the second degree by driving while the driver's license reapplication has been denied or delayed pursuant to 15 NYCRR 136.5(b). This provision corrects an anomaly. The Governor strengthened relicensing regulations to disallow the worst driving offenders from being relicensed or in some cases to deny relicensing for at least 5 years. Driving with 10 unanswered tickets from 10 different traffic stop dates is currently a class E felony. But the driver who operates a motor vehicle while "permanently" denied (or delayed) relicensing currently faces only a traffic infraction pursuant to VTL § 509(1).

Subparagraph (vi) is added to 511(3) (a) to create a new class E felony offense of aggravated unlicensed operation in the second degree when a driver commits a violation of aggravated unlicensed operation and serious physical injury has been caused to another person as a result of an incident involving the motor vehicle. 511(3)(b) is added to exclude certain financial suspensions.

Former 511(4) is deleted as redundant. This section only applies to licenses or privileges to operate that have been suspended, revoked or withdrawn in this state. Therefore a separate "defense" of a person possessing a license or privilege from another state that is valid in this state is unnecessary. No charge could have been filed under these circumstances.

511(4)(a) is added to create a new class D felony offense of aggravated unlicensed operation in the first degree when a driver commits a violation of aggravated unlicensed operation and death has been caused to another person as a result of an incident involving the motor vehicle,. 511(4)(b) is added to exclude certain financial suspensions. 511(4)(c) provides for class D felony sanctions.

Justification

On March 19th, 2015, a driver with a suspended license fled the scene of a collision and after speeding away, hit a second vehicle and crashed into a storefront, injuring at least 4 innocent bystanders. Two people were seriously injured in the shopping center on Long Island. The driver's license was suspended since 1996 On December 11, 2014, twelve year old, Zachary Ranftle was killed by a driver with a suspended license as the child walked to school. On June 5, 2012 Stephen Joseph Fay was killed when a truck driver with a suspended license pulled out of a parking lot in front of the victim's motorcycle. Records indicate the driver had been suspended since 2005. There are dozens of other victims across New York State. In each of the cases cited, the driver could only be charged with a misdemeanor for driving with a suspended or revoked license. The level of the crime did not change even though innocent bystanders were seriously injured or killed.

There are numerous cases of drivers who should not be on the road because they either have no license or a license that is suspended or revoked. Background provided by the National Highway Traffic Safety Administration indicates that state motor vehicle officials estimate that "as high as 80 percent" of the people with suspended or revoked licenses are continuing to operate motor vehicles. The AAA Foundation evaluated data from 1993 - 1999 and concluded "of the 278,078 drivers involved in fatal crashes in the United States 37% were unlicensed, 74% were driving on an invalid (e.g., suspended, revoked, denied/cancelled) license". There must be greater deterrence of these drivers and when a person is seriously injured or killed in an incident involving a driver who should not have been on the road, the penalties must fit the result. It is offensive to the victims, their families and the community that the law does not distinguish between an invalid driver who is stopped by police and one who is involved in a serious injury or fatal crash.

Existing law is inadequate to act as a deterrent. The creation of two additional felony offenses for the most serious types of aggravated unlicensed operation of a motor vehicle, in which another person is seriously injured or killed, will ensure that appropriate criminal penalties are in place to deal with these situations in the future.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall become law.